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Case T-396/15: Action brought on 22 July 2015 — Herm. Sprenger v OHIM — web2get (Shape of an articulated stirrup)
ECLI:EU:UNKNOWN:62015TN0396
62015TN0396
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14.9.2015
Official Journal of the European Union
C 302/67
(Case T-396/15)
(2015/C 302/84)
Language in which the application was lodged: German
Parties
Applicant: Herm. Sprenger GmbH & Co. KG (Iserlohn, Germany) (represented by: V. Schiller, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: web2get GmbH & Co. KG (Dülmen, Germany)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: Three-dimensional Community trade mark (Shape of an articulated stirrup) — Community trade mark No 1 599 620
Procedure before OHIM: Invalidity proceedings
Contested decision: Decision of the First Board of Appeal of OHIM of 22 April 2015 in Case R 520/2015-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—reject web2get GmbH & Co. KG’s application for a declaration that the applicant’s Community trade mark No 1 599 620 is invalid;
—order OHIM to pay the costs.
Pleas in law
—Infringement of Article 52(1)(a) in conjunction with Article 7(1) of Regulation No 207/2009;
—Infringement of Article 52(1)(a) and (2) in conjunction with Article 7(3) of Regulation No 207/2009;
—Infringement of Article 7(1)(e)(i) and (ii) of Regulation No 207/2009;
—Infringement of Article 76(1) of Regulation No 207/2009;
—Infringement of Article 77(1) of Regulation No 207/2009.